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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 459
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My son has been notified by his x partner that she has gone

Customer Question

My son has been notified by his x partner that she has gone to the cMs regarding regarding child maintenance she has told them he only spends 51 days with his father which puts you in a higher payment category the csm have not sent any info to my son and have already come up with a calculation which is very high
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: none the agency sent info to his old address if 7 years ago so he hasn’t received anything yet
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Hertfordshire
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: My son is a police officer he spends as much time as he can with him as grandparents we support both of them I have picked my grandson up 3 nights a week and tea to help because of unsociable hours
Submitted: 11 days ago.
Category: Law
Expert:  Ross Miller replied 11 days ago.

Hello my name is ***** ***** I can help with this matter.

Expert:  Ross Miller replied 11 days ago.

Can you tell me what your question is specifically please. Thank you.

Customer: replied 11 days ago.
How does my son appeal the 51 days his e partner has stated he has him a lot more then 51 days
Expert:  Ross Miller replied 10 days ago.

Thanks you. Ok so the CMS will have done the calculation based on the information provided to them by the mother. However, he can appeal this decision. He will have to submit evidence to show that the children are with him for 52+ nights a year (which is the next category for payments). If he can do this then the CMS will recalculate his payments. I will note two things, firstly, if he does not make any payments in the meantime then he will build up arrears. I would advise using the online CMS calculator to calculate what he should be paying (based on the truthful information). If he pays this in the meantime then he shouldn't have any arrears when the recalculation was done. The other thing is that the CMS do not take any outgoings into consideration such as rent, bills etc. it is solely based on his Net Income.

I hope this information has helped.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions.

Kind regards

Ross

Expert:  Ross Miller replied 6 days ago.

I would be grateful if you could “accept” this answer and rate 5 starts so the website knows I have acknowledged your question. You can continue to as follow up questions free of charge.